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Provide notice and a draft revision to DNR, the LWCB and every county land conservation committee. The notice must clearly identify and explain the proposed revision.
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Obtain LWCB recommendations on the proposed revision.
Grant Priorities
Under this rule, DATCP must consider all the following when preparing an annual grant allocation plan:
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County staff and project continuity. DATCP must give high priority to maintaining county staff and project continuity. DATCP must also consider priorities identified in the county grant application and in the county's approved land and water resource management plan.
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Statewide priorities. DATCP may give priority to county projects that address the following statewide priorities:
*Farms discharging pollutants to waters that DNR has listed as “impaired waters" under 33 USC 1313(d)(1)(A).
*Farms applying nutrients at more than twice the maximum rate specified under this rule.
*Farms whose cropland erosion is more than twice T-value.
*Farms discharging substantial pollution to waters of the state.
*Farms claiming tax credits under the farmland preservation program.
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Other factors. DATCP may also consider the following factors, among others, when determining grant allocation priorities:
*The strength of the county's plan and documentation.
*A county's demonstrated commitment to adopt and implement the farm conservation practices required under this rule.
*The likelihood that funded activities will address and resolve high priority problems identified in approved county land and water resource management plans.
*The relative severity and priority of the water quality and soil erosion problems addressed.
*The relative cost-effectiveness of funded activities in addressing and resolving high priority problems.
*The extent to which funded activities are part of a systematic andcomprehensive approach to soil erosion and water quality problems.
*The timeliness of county grant applications and annual reports.
*The completeness of county grant applications and supporting data.
*The county's demonstrated ability, cooperation and commitment, including its commitment of staff and financial resources.
*The degree to which funded projects contribute to a coordinated soil and water resource management program and avoid duplication of effort.
*The degree to which funded projects meet county needs and state requirements.
*The degree to which county activities are consistent with the county's approved land and water resource management plan.
Basic Annual Staffing Grants to Counties
DATCP must award a basic annual staffing grant to each eligible county that makes a required commitment of county funds. DATCP may not use bond revenue funds for county staffing grants. DATCP must distribute a basic annual staffing grant according to an annual grant contract with the county.
A county must use a basic annual staffing grant in the year for which it is made. The county may use the grant for any of the following purposes specified in the grant contract:
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Salaries, fringe benefits and training for county staff engaged in soil and water resource management activities.
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Training for county land conservation committee members.
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Any of the following staff support costs identified in the grant application:
*Travel expenses, including mileage charges, vehicle leases, meals, lodging and other necessary costs.
*Personal computers, software, printers and related devices.
*Office supplies, including paper, copies, printing and postage.
*Office equipment and furnishings, including desks, chairs, calculators, drafting equipment and file cabinets.
*Field equipment.
*A proportionate share of costs for required financial and compliance audits.
*Information and education supplies and services.
*Other staff support costs approved by DATCP.
DATCP may award different staffing grant amounts to different counties, based on DATCP's assessment of funding needs and priorities. Subject to staffing costs and the availability of funds, DATCP will attempt to provide salary and fringe benefit funding for an average of 3 staff persons per eligible county, with full funding for the first staff person, 70% funding for the second staff person and 50% funding for any additional staff persons.
Subject to the availability of funds, DATCP must award at least the following amounts to the following eligible counties:
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$12,000 to a county that has a county conservationist operating according to an agreement with DATCP.
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$7,000 to a county that does not have a county conservationist operating under an agreement with DATCP.
DATCP must pay the full amount of a basic annual staffing grant by April 15 of the grant year, or within 30 days after DATCP and the county land conservation committee sign the grant contract, whichever is later. DATCP may pay a portion of the grant at a later date if funding for that portion is appropriated for distribution during the grant year, but is not yet available for distribution on the normal distribution date. The department must pay that remaining portion when the funding becomes available for distribution. All grant funds must be distributed according to an annual grant allocation plan (see above).
In the county's annual financial report to DATCP, the county must report any unspent grant funds remaining at the end of the grant year. DATCP must deduct the unspent amount from the next year's basic annual staffing grant to the county.
In order to receive a basic annual staffing grant, a county must do all the following:
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If the basic annual staffing grant provides salary and fringe benefit funding for more than one county staff person, the county must provide funding equal to at least 30% of the salary and fringe benefit cost for the second staff person and 50% of the salary and fringe benefit cost for each additional staff person funded by the grant (see s. 92.14(5g), Stats.).
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The county must maintain its annual soil and water resource management expenditures at or above the amounts that the county expended in each of the years 1985 and 1986 (see s. 92.14(7), Stats.).
A county may count, as part of its contribution, expenditures for any county staff engaged in soil or water resource management work, regardless of whether those staff work for the county land conservation committee. A county may not count capital improvement expenditures, or the expenditure of grant revenues received from any outside source.
A county land conservation committee must keep records related to basic annual staffing grants. The records must document that the county used grant funds according to this rule and the grant contract. The county must retain the records for at least 3 years.
Grants for Conservation Practices
DATCP may award grants to eligible counties to finance cost-share grants to landowners. DATCP must enter into an annual contract with each county receiving cost-share funds. DATCP will pay the county on a reimbursement basis, after the landowner installs the cost-shared practice and the county does all the following:
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Files with DATCP a copy of the county's cost-share contract with the landowner. The cost-share contract must comply with this rule (see above).
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Certifies the reimbursement amount due.
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Certifies, based on documentation filed in the county, that the cost-shared practice is properly designed, installed and paid for (see above).
Cost-share funds may be used to finance conservation practices identified in this rule (see above), except that bond revenues may not be used to finance any of the following practices:
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Conservation tillage.
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Contour farming.
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Cropland cover (green manure).
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Intensive grazing management.
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Nutrient or pesticide management.
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Strip-cropping.
DATCP may use cost-share funds to reimburse a county for technical services that the county provides in connection with a cost-shared practice. Reimbursement for county technical services may not exceed 15% of project cost. Bond revenues may not be used to pay for technical services provided by the county.
DATCP may not use cost-share grant funds to reimburse a county for costs incurred after December 31 of the calendar year for which the funds are allocated. Unspent funds remain with DATCP, for distribution under a future year's allocation plan. If a landowner signs a funded cost-share contract by November 1 of the initial grant year, but does not complete that contract in that grant year (e.g., because of bona fide construction delays), DATCP may extend funding to the next year. DATCP will normally extend funding if the county requests the extension by January 15 of that next year. DATCP will not extend funding for more than one year.
A county land conservation committee must keep all the following records related to cost-share grant funds received from DATCP:
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Copies of all county cost-share contracts with landowners.
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Documentation to support each county reimbursement request to DATCP (see above).
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Documentation showing all county receipts and disbursements of grant funds.
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Other records needed to document county compliance with this rule and the grant contract.
A county land conservation committee must retain cost-share records for at least 3 years after the committee makes its last cost-share payment to the landowner, or for the duration of the required maintenance period, whichever is longer. The committee must make the records available to DATCP and grant auditors upon request.
Priority Watershed Program; County and Local Staffing Grants
As part of the legislative restructuring of the state's nonpoint source pollution abatement program, DNR is phasing out its priority watershed program under ch. NR 120. DNR will continue to provide cost-share funding for priority watershed projects established prior to July 1, 1998. But DNR will establish no new priority watershed projects, and has established no new projects since July 1, 1998. DNR will no longer provide funding for county and local government staff engaged in the priority watershed program.
DATCP currently provides grants to pay for county soil and water conservation staff (see above). Under the redesigned nonpoint source pollution abatement program, DATCP will also fund county and local staff who are still engaged in DNR's priority watershed program. Funding for these county staff will be added to, and included in, DATCP's basic annual staffing grants to counties. DATCP will provide separate grants to other governmental units engaged in priority watershed projects.
This rule spells out standards for priority watershed staffing grants. Staffing grants include support costs. A county is not required to provide matching funds for priority watershed staffing grants, as it is for other staffing grants. Within the limits of available funds transferred from DNR, DATCP will try to ensure continuity of staffing and support for continuing priority watershed projects. Staffing grants for priority watershed projects will be phased out as remaining projects are completed.
Agricultural Engineering Practitioners; Certification
Under s. 92.18, Stats., DATCP must certify persons who design, review or approve cost-shared agricultural engineering practices. This rule identifies the agricultural engineering practices for which certification is required. This rule continues, without change, the certification program established under current rules. No certification is required for a professional engineer certified under ch. 443, Stats.
Applying for Certification
Under this rule, a person who wishes to be certified as an agricultural engineering practitioner must apply to DATCP or a county land conservation committee. A person may apply orally or in writing. DATCP or the committee must promptly refer the application to a DATCP field engineer. Within 30 days, the DATCP field engineer must rate the applicant and issue a decision granting or denying the application.
Certification Rating
The DATCP field engineer must rate an applicant using the rating form shown in Appendix E to this rule. The field engineer must rate the applicant based on the applicant's demonstrated knowledge, training, experience, and record of appropriately seeking assistance. For the purpose of rating an applicant, a field engineer may conduct interviews, perform inspections, and require answers and documentation from the applicant.
For each type of agricultural engineering practice, the rating form identifies 5 job classes requiring progressively more complex planning, design and construction. Under this rule, the field engineer must identify the most complex of the 5 job classes for which the applicant is authorized to certify that the practice is properly designed and installed. A certified practitioner may not certify any agricultural engineering practice in a job class more complex than that for which the practitioner is certified.
Appealing a Certification Decision
A field engineer must issue a certification decision in writing, and must include a complete rating form. An applicant may appeal a certification decision or rating by filing a written appeal with the field engineer. The field engineer must meet with the appellant in person or by telephone to discuss the matters at issue.
If the appeal is not resolved, DATCP must schedule an informal hearing before a qualified DATCP employee other than the field engineer. After the informal hearing, the presiding officer must issue a written decision that affirms, modifies or reverses the field engineer's action. If the applicant disputes the presiding officer's decision, the applicant may request a formal hearing under ch. 227, Stats.
Reviewing Certification Ratings
Under this rule, a DATCP field engineer must review the certification rating of every agricultural engineering practitioner at least once every 3 years. A field engineer must also review a certification rating at the request of the person certified. A field engineer may not reduce a rating without good cause, and all reductions must be in writing.
Suspending or Revoking Certification
Under this rule, DATCP may suspend or revoke a certification for cause. DATCP may summarily suspend a certification, without prior notice or hearing, if DATCP makes a written finding that the summary suspension is necessary to prevent an imminent threat to the public health, safety or welfare. The practitioner may request a formal hearing under ch. 227, Stats.
